Driving Under the Influence: A Marin County DUI Attorney Answers Frequently Asked Questions In California

Most DUIs are the result of a momentary lapse in judgment. And for those who are facing a DUI charge, this is their only experience with the criminal justice system. As a result, it is natural to feel overwhelmed by what may happen. If you have been charged with driving under the influence, a Marin County DUI attorney from Brownstein Law Group can answer any questions you may have. 

What do I do if I am pulled over?

This won’t apply to you if you have already been charged with DUI. But if it is something you are worried about, here are some tips if you are pulled over and are worried that you may be charged with DUI:

• Do not panic. Pull over to the side of the road safely. 
• Keep your hands on the wheel, and do not make any sudden movements. 
• Be polite and follow the officer’s instructions. 
• Do not make any incriminating statements—this is often the most difficult step. The officer may ask if you have been drinking, where you are coming from, and similar seemingly harmless questions designed to incriminate you. Don’t lie, but simply state that you are not answering any questions unrelated to your identity and your vehicle. 
• You should refuse to take a preliminary breathalyzer test and any field sobriety tests. These tests will be administered prior to your arrest and will generally only be used against you. Note that you cannot refuse the breathalyzer test administered at the station if you are arrested. 
• Contact a Marin County DUI attorney if you are arrested. An experienced DUI lawyer can help minimize the impact of your DUI charge if they cannot get it dismissed. 

What happens to my driver’s license if I am charged with DUI In California?

Your license will be administratively suspended once you have been arrested for DUI. 

The officer will confiscate your driver’s license and may issue you a notice of suspension that acts as a temporary license. If the officer does not issue a temporary license, you may receive one in the mail from the DMV. The temporary license will expire within 30 days unless you challenge the suspension by requesting a hearing with the DMV. However, you must request your hearing within 10 days of receiving your temporary license, or you will lose your right to a hearing. 

If the hearing officer determines that there is sufficient evidence of your impairment, they may sustain the suspension. At that point, you can continue to drive if you agree to have an ignition interlock device installed in your vehicle. After the first month, you may be able to petition for a restricted license that would allow you to drive to and from work and school. 

Will I go to jail if convicted?

Whether your DUI is a felony or a misdemeanor, you could be facing jail time if you are convicted. Most first-time offenders will not go to jail if convicted, but there are many factors that could result in being sentenced to jail if you are convicted. Jail is a more likely possibility if you have prior DUI convictions or are facing a felony charge. Whether you are a first-time offender or have prior convictions, the best thing to do is contact a Marin County DUI attorney who knows how to get a fair result. 

Will the prosecutor or judge be more lenient if I plead guilty?

It is a common misconception that the prosecutor or the judge will impose a lighter sentence if you cooperate and plead guilty. While this may be true in some cases, the reality is that they are under no obligation to help you in exchange for your cooperation or admission of guilt. In addition, they will not consider evidence or mitigating factors that may be in your favor. Ultimately, it is critical to remember that neither the prosecutor nor the judge is on your side, regardless of what they may say or how they may seem. The bottom line is that you should never plead guilty to a DUI without first discussing your case with a Marin County DUI attorney. 

Should I accept the plea agreement that was offered to me?

Plea agreements are often offered for the benefit of the prosecution—they get a conviction without going to trial. They may be offering a lighter punishment or offering you the opportunity to plead to a lesser charge. Ultimately, you may be pleading guilty to an offense they can’t prove or accepting an outcome that is no better than what you would get if you go to trial. We strongly recommend that you talk to a DUI lawyer before you accept a plea agreement—they can explain the terms of the deal and give their opinion as to whether it is fair.

What is a “wet reckless?” What about a “dry reckless?” 

“Wet reckless” and “dry reckless” refer to common plea agreements when facing a DUI charge. A “dry reckless” is when you plead guilty to a reckless driving charge that does not involve alcohol. As a result, you would have no DUI conviction on your driving record and would face much lighter penalties, including no license suspension. 

“Wet reckless” is a similar plea, but your driving record will include a notation that the conviction involved drugs or alcohol. As a result, it would be considered a prior offense if you face a subsequent DUI charge. However, you will face lighter penalties and will not have your license suspended. 

A wet reckless or dry reckless charge is generally available only in cases where the prosecution may have issues in proving your DUI charge. They will generally not be available if you have prior DUI convictions, you were well over the legal limit, or there were other aggravating factors. An experienced Marin County DUI attorney will be able to determine whether a wet or dry reckless plea is available in your case.

Talk to a Marin County DUI Attorney at Brownstein Law Group Today

If you have been charged with DUI, a Marin County DUI attorney can help you put it behind you. Contact us today by phone or email to schedule a free consultation.